[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Proposed Rules]
[Pages 31395-31396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10868]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20501; Directorate Identifier 2004-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

[[Page 31396]]

SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for all EMBRAER Model ERJ 
170 series airplanes. That action would have required inspecting the 
engine fire handles of the overhead panel in the cockpit, and replacing 
the engine fire handles if necessary. Since the NPRM was issued, we 
have received new data that the identified unsafe condition has been 
corrected on all airplanes that would have been subject to the NPRM. 
Accordingly, the proposed AD is withdrawn.

ADDRESSES: You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20501; the directorate 
identifier for this docket is 2004-NM-251-AD.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for all EMBRAER Model ERJ 170 series airplanes. That NPRM was 
published in the Federal Register on March 8, 2005 (70 FR 11172). The 
NPRM would have required inspecting the engine fire handles of the 
overhead panel in the cockpit, and replacing the engine fire handles if 
necessary. The NPRM was prompted by reports of failure of the internal 
circuit of the engine fire handles of the overhead panel in the 
cockpit. The proposed actions were intended to prevent failure of the 
internal circuit of the engine fire handles, which could result in 
failure of the fuel shut-off valves to close and failure of the fire 
extinguishing agent to discharge in the event of an engine fire.

Actions Since NPRM Was Issued

    Since we issued the NPRM, the airplane manufacturer has provided us 
with data that indicate that the identified unsafe condition (failure 
of the internal circuit of the engine fire handles, which could result 
in failure of the fuel shut-off valves to close and failure of the fire 
extinguishing agent to discharge in the event of an engine fire) has 
already been corrected on all airplanes that would have been subject to 
the NPRM, and that all affected spare parts have been returned to the 
manufacturer and destroyed.

FAA's Conclusions

    Upon further consideration, we have determined that the actions 
that would have been required by the NPRM have already been done on all 
affected airplanes, and the identified unsafe condition has been 
corrected. Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Regulatory Impact

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule and therefore is not covered under Executive Order 
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2005-20501; 
Directorate Identifier 2004-NM-251-AD, which was published in the 
Federal Register on March 8, 2005 (70 FR 11172).

    Issued in Renton, Washington, on May 23, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-10868 Filed 5-31-05; 8:45 am]
BILLING CODE 4910-13-P